1941-01-21 — Page 33

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VICHY GIVING WAY TO NAZIS? Page 3

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CHINA MAIL

FIRST NEWSPAPER IN THE FAR EAST. ESTABLISHED 1845.

ATE

No. 92,052

TUESDAY, JANUARY 21, 1941

Price: 10 cts.

LATE

NIGHT FINAL

INSIST ON

Daisy Brand

Australia's Choices

BUTTER

THE EVACUATION TEST CASE

\

Chief Justice Gives Judgment For Government

AXIS TO BEGIN FINAL FLING

(SPECIAL TO "CHINA MAIL")

On the heels of the Hit- ler/Mussolini meeting high Berlin quarters fore- cast the launching at any moment of what are

called unprecedented multiple blows designed to knock out Britain be- fore any enlarged Ameri- can aid can "rescue” her.

Tense expectation of Axis action on a scale hitherto unknown is engendered by an official an. nouncement breaking an unusually long silence that the Fuehrer and the Duce met at an undiclosed rendzvous and reached "a perfect identity of view.

The dicclosure coincides with significant prediction in in- formed Bariin sources that Bri-

D

tain is about to occupy

Eire

MAN WITH A LOADED REVOLVER

A sensational in- cident morked the closing stages of the Presidential inaugura- tion in Washington.

ser-

An unidentified man, carrying a load- ed revolver, was or- rested by secret vice men in the square fronting the White House just before the President returned from the Capitol.

The man was taken ex- to hospital for amination.-Reuter.

15,00 NAZI

PLANES

IN ITALY

and the outbreak of an editorial (SPECIAL TO "CHINA MAIL") storm in the German Press de-

nouncing "the insult" whon a Swastika flag

was torn down

In San Francisco,

The German press charges Pre- sident Roosevelt's policy

with

About 1,500 German 'planes are stationed at bases in Italy, according to a "neutral informant's"

Regulations

Within Powers Of

The Executive

JUDGMENT WAS GIVEN IN FAVOUR OF THE COMMISSIONER OF POLICE THIS MORNING, IN THE ACTION REGARDED AS THE EVACUATION TEST CASE, TAKEN BY MRS. D. G. BLAIR, CLAIM- ING AN INJUNCTION TO RESTRAIN THE POLICE FROM COMPEL- LING HER DEPARTURE FROM THE COLONY UNDER THE DEFENCE REGULATIONS.

under the foregoing powers made Regulations entitled

The interim injunction granted by the The Regulations Chief Justice in December is discharged. An On 19th November, 1940, the order for costs was made, but Sir Atholl Mac-Governor Gregor suggested that in view of the public importance of the action Government ought not to enforce the costs.

Sir Atholl held that all the Court had to see was whether the regulations were reason- ably capable of being a regulation for secur- ing the public safety. He did not think the Court was entitled to question the cretion of the Executive to whom liament had entrusted powers in such

terms.

Delivering judgment, His Lord ship said:

The Plaintiff, a British woman domiciled in Hong Kong, by her writ claims against the defendants, who are respectively the Commis- sioner of Police and a Commis- sioned Officer of the. Police Force, the following declarations:-

(1) That Regulation 3 of the Defence (Entry Restrictions) Re- gulations, 1940, so far as it ap plies to British subjects resident

in the Colony is ultra vires, void and of no effect; and (2) That the defendants have no power under Regulation 6 (b) of the said Re-

causing such "mob" manifesta- report to the "News. gulations to compel the plaintiff

Mussolini's "Popola d'Italia" Chronicle" to-day.

tions,

The to leave the Colony against her will. She also claims an injunc- tion.

is

says that the British have "only "neutral informant" about 70 days left to carry out any strategic success in the Me- said to have just arrived

diterranean: and Africa."

Two Months

The Rome paper "Lavoro Fas cista says that Washington and London believe, that they have between 60 and 90 days to face the crisis and "Roosevelt to use

nine

The writ bears date 13th De- cember, 1940, and on the plain-

tiff's application in Chambers

in Lisbon after months in Italy.

"The Luftwaffe. is..praticallying and determination of that ap- taking the place of the italian air force," according to the despatch, and German aid on a vast scale is pour into Italy."

his full powers to act as legal in- The German planes, it goes on, heritor of the defunct British Em-include big troop carriers formerly pire.

used by the Nazis in their invasion "Vreme" of Norway and which are now be they-laat ing used to carry troops and.

Invasion equipment to Tripoli, ational News Service.

The Belgrade paper

• the meeting

and

pited'. "In the

reports that

entatives. partici

Elre Yarn.

Intern-

that day for an interim injunc- tion it was agreed that the hear-

plication should be treated as the trial of the action. There are therefore no pleadings, but the parties have agreed that for our

· present "púrposes the defence be regarded as a general traverse and the plaintiff be put to the proof of all material allegations. Emergency Powers

The Emergency Powery (De- fence) Act, 1939, which was pass- ed by the Imperial Parliament on. 24th August, 1939, was extended Congress and President÷Roose-

to the Colony by Order" of His vojt's: general, and foreign: pall. cies exerted a weighty-erfect Majesty in Council dated 25th ~ on the plans the Dletatora com August, 1938. Section 1 (1) of that Act, making the necessary The German assertion that Bri

pleted. tain plans, to occupy Eire is re- In this connection, it is under- modifications prescribed by the miniscent of similar German stood that an Italo-German-Ja-Order in Council reads:-

"L. (i) Subject to the pro- statements concerning? Norway,panese alliance as a possible de- Just before the. German, occupy-ferrant to what the Nazis describe visions of this section, the Gov- tion.

As Roosevelt's undeclared war"ernor may make such Regulations aparent that the was a discussed item. Interna-(in this Act Referred to as "De Lands But now bstore, tłonął Jews Service.

fence Regulations!") ?asy appea

the "Defence (Entry Restrictions)

Regulations, 1940, which contain,

inter alia, the following pro-

visions:-

II (1). In these Regulations a) "competent authority" means the Commissioner of Police, British subject or not, coming as

HII (i). No person, whether a

a passenger by sea or air from a place outside this Colony shall

disembark in this Colony unless

(b) he has first obtained or such

dis- passport, travel document, certi- Acate, permit or pass the written Par- indorsements of the competent authority permitting him to en-

wide

ter this colony.

V. In making or declining to make any indorsement for which him to be necessary or expedient provision is made by these re- for securing the public safety, gulations, the competent authori- act in accordance with the defence of the territory, the ty shall maintenance of public order and the general or special instructions

(Continued en Page 2) the efficient prosecution of any war in which His Majesty may be

WEATHER FORECAST: — E. engaged, and for maintaining sup-

winds, fresh to moderate; plies and services essential to the

cloudy with drizzle,· Improv- life of the community."

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